City of Albuquerque - File #: O-14-17

• File #: O-14-17
• Type: Ordinance
• Status: Enacted
• File created: 6/16/2014
• In control: City Council
• Final action: 10/6/2014
• Enactment date: 10/23/2014
• Enactment #: O-2014-020
• Title: C/S Amending Chapter Seven, Article Six Of The Revised Ordinances Of Albuquerque Relating To Seizures And Forfeitures Of Certain Nuisance Motor Vehicles (Gibson)

Date	Action By	Action	Result
10/23/2014	City Clerk	Published
10/22/2014	Mayor	Signed by the Mayor
10/14/2014	City Council	Sent to Mayor for Signature
10/6/2014	City Council	Passed	Pass
9/15/2014	City Council	Accepted with a recommendation Do Pass, As Substituted
9/8/2014	Finance & Government Operations Committee	Sent to Council with a recommendation of Do Pass, as Substituted	Pass
9/8/2014	Finance & Government Operations Committee	Substituted	Pass
8/11/2014	Finance & Government Operations Committee	Postponed	Pass
6/16/2014	City Council	Introduced and Referred
6/16/2014	President	Referred

CITY of ALBUQUERQUE
TWENTY-FIRST COUNCIL


COUNCIL BILL NO. C/S O-14-17 ENACTMENT NO. _______________________

SPONSORED BY: Diane Gibson

ORDINANCE
title
C/S Amending Chapter Seven, Article Six Of The Revised Ordinances Of Albuquerque Relating To Seizures And Forfeitures Of Certain Nuisance Motor Vehicles (Gibson)
body
AMENDING CHAPTER SEVEN, ARTICLE SIX OF THE REVISED ORDINANCES OF ALBUQUERQUE RELATING TO SEIZURES AND FORFEITURES OF CERTAIN NUISANCE MOTOR VEHICLES.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. FINDINGS AND INTENT.
(A) The City Council finds that nuisance vehicles seized under the City's DWI seizure program present a resource for effectuating important law enforcement activities such as providing bait cars for anti-vehicle theft programs and executing warrants.
(B) The City Council finds that these amendments will help promote the health, safety, and welfare of the community by providing resources for law enforcement efforts while remaining consistent with the primary nuisance abatement purposes of this Article.
(C) The intent of these amendments are to clarify that (i) vehicles shall not be seized upon a first offense, (ii) to clearly authorize the Albuquerque Police Department to utilize vehicles forfeited under this program for limited purpose of carrying out official law enforcement activities, and to (iii) adopt non-substantive changes that help clarify the Article's intent with respect to considerations to be made by the hearing officer.
SECTION 2. SECTION 7-6-2 IS HEREBY AMENDED AS FOLLOWS:
"? 7-6-2 VEHICLE NUISANCE.
A motor vehicle, as defined by the State Motor Vehicle Code, NMSA 1978 ? 66-1-4.11, is hereby declared to be a nuisance and subject to immediate seizure and forfeiture pursuant to the provisions of this article if it is:
(A) Operated by a person in the commission of a DWI offense NMSA 1978 ? 66-8-102 and ha...